Drafting Estate Plans
Hypotheticals raise the problems; sample forms solve them

- Product Number: 2040317B00
- Publication Date: 8/2/2021
- Edition: 4th Edition 2021
- Copyright: © 2021 MCLE, Inc.
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Product Description
Product Description
With its many fact-driven issues, estate planning is perfectly suited to the hypothetical approach you will find in Drafting Estate Plans . A practical power source for your next estate planning drafting challenge, this book sets forth clear, real-life case studies, and then presents the drafting techniques and strategies you can use to tailor an estate plan precisely to your client's situation. The book covers such topics as the estate plan for a young couple with children, grandparents who wish to make bequests to their grandchildren, the married couple with a potentially taxable estate, the client who seeks a plan to perpetuate a family business, and the individual looking at retirement and beyond. The authors were selected for their particular expertise in each of the topic areas—so you gain the very best practices, caveats, tips and seasoned guidance.
Recent updates:
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Update: July 2021
Dear Subscriber:
Thank you for choosing to keep your copy of Drafting Estate Plans current with this fourth edition, reflecting updates for 2021. Inside, you will find new content on topics including the following:
- The Nontaxable Estate. See chapter 2 for a newly drafted 2021 revocable trust found at Exhibit 2E. The document amends, among other sections, Article 2: "Provisions During the Donor's Lifetime," Article 4: "Special Rules," and Article 6: "Payment of Death Taxes and Administration Expenses." Chapter 2 also extensively amends other key documents, including the last will and testament found at Exhibit 2F.
- Funding of Trust Issue. See chapter 3 for an enhanced hypothetical pertaining to the children who are death beneficiaries of their parents' respective qualified retirement plan accounts, and their option to convert their shares to inherited IRA accounts.
- Planning for Older Clients. See chapter 4 for a new practice note alerting the reader to the City of Boston tax assessor's office requirement that a Boston resident be the trustee of any trust that holds title to the primary residence to preserve the residential real estate tax exemption. Read about the quandary that this presents for practitioners with Boston clients.
- Outright Gifts During a Taxpayer's Lifetime. See chapter 6 for 2021 updates pertinent to the lifetime transfers of minimum required distribution amounts.
- Uniform Transfers to Minors Accounts. See chapter 10 for a new practice note explaining how required minimum distributions can be paid directly to a trust to prevent access to funds pending a child's minority.
We at MCLE trust that you will find this material useful in your practice and valuable in the maintenance of your law library.
Cordially,
Maryanne G. Jensen, Esq., MCLE Director of Publications
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Update: July 2021
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Table of Contents
Table of Contents
expand allChapter 1 expandIntroduction
Buy ChapterChapter 2 expandThe Single Individual or Couple With or Without Minor Children
Buy ChapterExhibit 2A
- Appointment Confirmation Letter Buy FormExhibit 2AA
- Will for Single Person with Adult Children Buy FormExhibit 2B
- Questionnaire Buy FormExhibit 2BB
- Will for Single Person Without Children Buy FormExhibit 2C
- Fee Agreement Buy FormExhibit 2D
- Fill-In Sheet Buy FormExhibit 2E
- Revocable Trust for Single Person with Minor Children Buy FormExhibit 2F
- Reciprocal Will Buy FormExhibit 2G
- Revocable Trust for Couple with Minor Children Buy FormExhibit 2H
- Durable Power of Attorney Buy FormExhibit 2I
- Health Care Proxy Buy FormExhibit 2J
- Advance Directive Buy FormExhibit 2K
- HIPAA Information Release Form Buy FormExhibit 2L
- Release of Electronically Stored Information Buy FormExhibit 2M
- Virtual Asset Instruction Letter Buy FormExhibit 2N
- Letter Enclosing Virtual Asset Instruction Letter Buy FormExhibit 2O
- Parental Appointment of Guardian Buy FormExhibit 2P
- Delegation of Parental Powers Buy FormExhibit 2Q
- Declaration of Homestead Buy FormExhibit 2R
- Synopsis Letter Buy FormExhibit 2S
- Executive Summary Buy FormExhibit 2T
- Estate Plan Diagram Buy FormExhibit 2U
- Beneficiary Designation Form Buy FormExhibit 2V
- Closing Letter Buy FormExhibit 2W
- Sample Reminder Letter Buy FormExhibit 2X
- Will for Married Couple with Adult Children Buy FormExhibit 2Y
- Will for Married Couple Without Children Buy FormExhibit 2Z
- Will (Pour-Over) for Single Person with Minor Children Buy FormChapter 3 expandThe Married Couple with a Taxable or Potentially Taxable Estate
Buy ChapterExhibit 3A
- Estate Planning Questionnaire Buy FormExhibit 3B
- Jim Bond’s Trust Buy FormExhibit 3C
- Jim Bond’s Will Buy FormExhibit 3D
- Jim Bond’s Durable Power of Attorney Buy FormExhibit 3E
- Jim Bond’s Health Care Proxy Buy FormExhibit 3F
- Bond Family Life Insurance Trust No. 1 Buy FormExhibit 3G
- Bond Children’s Gift Trust Buy FormChapter 4 expandOlder Clients and Long-Term Care
Buy ChapterExhibit 4A
- Sample Deed with Life Estate Buy FormExhibit 4B
- Calculating the Value of a Life Estate or Remainder Interest in Real Estate Buy FormExhibit 4C
- MassHealth Eligibility Operations Memo 19-12 Buy FormExhibit 4D
- Will with Testamentary Trust Buy FormExhibit 4E
- Power of Attorney with Medicaid Planning Provisions Buy FormExhibit 4F
- Health Care Proxy Buy FormChapter 5 expandPlanning for Disabled Beneficiaries
Buy ChapterExhibit 5A
- Client Questionnaire Buy FormExhibit 5B
- Cover Letter to Clients with Drafts Buy FormExhibit 5C
- Darren’s Will Buy FormExhibit 5D
- Jill’s Will Buy FormExhibit 5E
- General Durable Power of Attorney of Darren Smith Buy FormExhibit 5F
- General Durable Power of Attorney of Jill Smith Buy FormExhibit 5G
- Health Care Proxy of Darren Smith Buy FormExhibit 5H
- Health Care Proxy of Jill Smith Buy FormExhibit 5I
- Darren Smith’s HIPAA Release Buy FormExhibit 5J
- Jill Smith’s HIPAA Release Buy FormExhibit 5K
- The Sara Smith Supplemental Needs Trust Buy FormExhibit 5L
- The Sara Smith (d)(4)(A) Trust Buy FormExhibit 5M
- Sara Smith’s Special Durable Power of Attorney for Matters Concerning Education Buy FormExhibit 5N
- The Sara Smith Supplemental Needs and (d)(4)(A) Trusts Trustee Instructions Buy FormChapter 6 expandMaking Charitable Contributions
Buy ChapterChapter 7 expandFamily-Owned Businesses and LLCs
Buy ChapterExhibit 7A
- Client Questionnaire Buy FormExhibit 7B
- Will Buy FormExhibit 7C
- Durable Power of Attorney Buy FormExhibit 7D
- Health-Care Proxy Buy FormExhibit 7E
- Living Will Buy FormExhibit 7F
- Trust Buy FormExhibit 7G
- Delaware LLC Agreement Buy FormExhibit 7H
- Massachusetts Single-Member LLC Agreement Buy FormExhibit 7I
- Flowcharts Buy FormExhibit 7J
- HIPAA Authorization Buy FormChapter 8 expandPlanning Bequests or Gifts to Grandchildren
Buy ChapterChapter 9 expandChapter 10 expandRetirement Planning
Buy ChapterExhibit 10A
- Uniform Lifetime Table (Effective Until 2022) Buy FormExhibit 10B
- Updated Uniform Lifetime Table (Effective for RMDs Beginning in 2022) Buy FormExhibit 10C
- Single Life Table Publication 590 (Effective Until 2022) Buy FormExhibit 10D
- Updated Single Life Table (Effective for RMDs Beginning in 2022) Buy FormExhibit 10E
- Sample Beneficiary Designation Attachment Buy FormExhibit 10F
- Sample Administrative Provisions for Trust Named as the Beneficiary of a Retirement Account Buy Form - Editors & Authors